• Sweden edition
 

Record company lawsuits a 'threat to free culture'

Published: 24 Sep 2009 15:35 GMT+02:00
Updated: 24 Sep 2009 15:35 GMT+02:00

Are lawsuits and threats the music industry's new money-spinning idea, now that record sales have fallen, asks Madeleine Sjöstedt, Stockholm's Vice Mayor for Culture and Sports and member of the Liberal Party (Folkpartiet).

A new row over copyright has blown up in Sweden. At Stockholm City Theatre (Stockholm stadsteater) one play has been cancelled and another is under threat from music publishers. In both cases, the focus of the disputes is copyright. Are copyright owners advancing into new territory? If so, it could have serious consequences for writers, who have a right to be paid, and for theatres, which want to spread music and which should of course have to pay their way.

The Swedish Music Publishers' Association (SMFF) has written to tell me that I am spreading 'false information' when I argue that music publishers aren't respecting the STIM-agreement, which governs how royalties are paid when music is performed. They also say that I am pointing fingers (at what I'm not sure) in the discussion of Stockholm Stadsteater's production of 'De tre Mustketörerna.' The letter is, like the whole of the music industry's action against Stadsteater, a threat to free culture in Stockholm.

If it hadn't been the case that they had themselves sent their letter to Svenska Dagbladet for publication, I would have sent this response directly to them.

The music publishers describe in their letter their "important role as a link between theatres and copyright owners" and explain that "the publishers have used all available means during the summer and early autumn to try to find a solution in the context of the agreements that the publishers have with their writers."

As the person with political responsibility for Stockholm stadsteater, I interpret the STIM agreement in the same way as the theatres' own organization Svensk Scenkonst. STIM's assertion that the use of the music falls outside the terms of the agreement is not of decisive significance.

STIM does not have the right either to unilaterally interpret the agreement or change the terms of the agreement without prior negotiation with Svensk Scenkonst.

But this is not what the discussion is really about. What it actually centres on is how music publishers act towards theatres that want to use music in their productions.

De Tre Musketörerna quickly became a success following its première this spring. It has played to full houses ever since. During the spring, Universal Music Publishing AB sent a letter to Stadsteater claiming that the music in the play constituted use of their so-called 'grand rights'

Despite the fact that Stadsteater believed and continues to believe that the use of music in De Tre Musketörerna was covered by the STIM agreement, it signed a settlement with Universal with the aim of keeping good relations and avoiding a legal wrangle.

Moreover, Stadsteater has made great efforts during the spring and summer to come to agreement with the music publishers over the issue of extra compensation for copyright owners. This effort has gone unrecognized by a number of publishers despite the fact that, as SMFF itself points out, several of the copyright owners are positive to their work being performed in the play.

By the day of the new première, August 14th, Stadsteatern had still not received any answer to its inquiries from the music companies. Two of the six companies involved had not responded at all.

During this process Universal - at the same time as having an agreement with Stadsteatern - has also declared that they plan to sue the theatre. The first time was at the end of April, and the second time was in August.

Universal also declared in August that the guest performance entitled Sounds of Silence from Riga, in which music by Simon and Garfunkel is played on a grammaphone in the background, should not be played in Stockholm. The play has toured across Europe and has never had any problems before. But suddenly Paul Simon has heard about the lay, and does not want his music being used, Universal claim.

I then wrote a letter to Paul Simon and asked if this really was his opinion, and receive a swift response from his representative Eddie Simon that something must be array here. Universal do not represent Paul Simon in contractual agreements with theatres, he explained. Universal then retracted their demand and said that there were no longer any objections. The Latvian theatre company had however already withdrawn the play, which the Stockholm audience now did not get to see.

If this was an isolated incident then it could be excused as the result of carelessness. Could it be that the threats and writs are the music companies' new business idea when record sales have declined? In the USA this has become a regular practice.

In the spring a court in Boston instructed Jim Tenenbaum to pay $675,000 in compensation to the five music companies - of which Universal was one - which had sued him for downloading 30 songs from the file sharing site Kazaa. This equates to around 160,000 kronor ($23,400) per track.

According to IFPI, which represents the recording industry worldwide, 40 billion music files were illegally copied during 2008. If every track was worth 160,000 kronor it would mean that the total damages would amount to 6.4 billion kronor.

When sales of music peaked in the beginning of the 2000s, total revenues from record sales amounted to $27 billion, according to the same organization. The purported losses incurred by file sharing which the damages claims were based on were thus 30,000 times larger that what record sales had generated. The case against Tenenbaum was thus not about seeking damages for losses incurred, but is part of a new business model for the music companies.

The risk is now that the same practice comes to Sweden. The question is therefore not only about whether Stadsteatern has the right to used the music in accordance with their long-running agreement with STIM, but that the major music companies have to stop with their threats to sue. Then you would stop using music. That would be a catastrophe.

In SMFF's letter to me it states that they want a dialogue. This is not achieved through threats or via the courts.

By Madeleine Sjöstedt

Editor's note: This piece was first appeared in Swedish by the Svenska Dagbladet (SvD) newspaper on September 22, 2009.

Paul Rapacioli (paul.rapacioli@thelocal.com)

Don't miss...X
Left Right

Your comments about this article

NEWS_NOT_YET_IMPORTED
Today's headlines
Three rescued after cruise ship sinks boat
Rickard Rundgren Björk of the coastguard rescue services speaks to the media after the rescue operation. Photo: Maja Suslin /TT

Three rescued after cruise ship sinks boat

Three Saturday morning sailors had a lucky escape after their small boat collided and sank after it crashed into a cruise ship whilst sailing in the Stockholm archipelago. READ () »

Missing Swede found alive and well in UK
Sofie Marie Jansson. Photo: Metropolitan Police

Missing Swede found alive and well in UK

British police have found the missing Swedish girl Sofie Jansson in London, exactly a week after she was last seen, with authorities saying she is doing well. READ () »

Social Democrats make tax pledge to elderly

Social Democrats make tax pledge to elderly

Sweden's opposition party have stepped up its efforts to secure the pensioner vote by pledging to lower taxes for the elderly and make higher earners pay more. READ () »

Malmö Nazi attack victim on the mend
Showan Shattak pictured in Malmö before his attack. Photo: Facebook

Malmö Nazi attack victim on the mend

The 25-year-old man, whose stabbing by neo-Nazis sparked mass demonstrations across Sweden, has made a strong recovery in hospital and took to social media to thank supporters for campaigning against fascism. READ () »

Police seeking missing Swede in London

British police have issued a plea for tips in the search to find Swedish national Sofie Marie Jansson who hasn't been seen for almost a week. READ () »

University applications rocket to record high

University applications rocket to record high

Swedish universities continue to draw vast amounts of applicants with the number of prospective students seeking a third level education increasing for the seventh year in a row. READ () »

Man jailed in US over Lars Vilks murder plot
Swedish artist Lars Vilks pictured in New York in 2012. Photo: Linus Sundahl-Djerf/TT

Man jailed in US over Lars Vilks murder plot

American authorities have sentenced a 20-year-old accomplice of 'Jihad Jane' to five years in prison for an attempted terror plot to kill Swedish artist Lars Vilks, after getting involved with the murder plans when he was a teenager. READ () »

Sweden scraps 'new start zones' after EU input
Integration Minister Erik Ullenhag visits a school in Tensta, one of the neighbourhoods mentioned when he and his colleagues first floated the new start zone proposal. File: TT

Sweden scraps 'new start zones' after EU input

Sweden has abandoned a plan to ease taxes for small companies in blighted areas after the European Commission challenged its legality. READ () »

'Easter eggs an invitation to spread germs'
A typical Swedish Easter egg. Photo: Jessica Gow/TT

'Easter eggs an invitation to spread germs'

A Swedish microbiologist has warned that traditional Swedish Easter eggs laden with candy are an open invitation to the spread of bacteria and viruses. "Is this really a good idea?" he asked. READ () »

Jammed truck snarls Stockholm rush hour
Photo: Anders Wiklund/TT

Jammed truck snarls Stockholm rush hour

PICTURES: A truck got wedged inside a tunnel in central Stockholm on Thursday, with authorities concerned the accident may have damaged cables in the tunnel's ceiling. READ () »

RECEIVE OUR NEWSLETTER AND ALERTS
Society
Swedish supermarket Ica pulls contested Easter commercial off air
Kungahuset
Society
Swedish royals set baptism date for princess
finest.se
Gallery
People-watching April 16
Politics
Who's the prime minister's heir?
Alfie Atkins
Society
Are children's books the key to families integrating in Sweden?
National
'Sweden Dem protests cater to party's martyr image'
National
'Swedish research grants were fantastic, but now it's like Australia'
Society
Only in Sweden: The ten problems you'd never encounter elsewhere
National
Swedes stopped to take my picture, but didn't look me in the eyes
Business & Money
A swipe of the hand replaced cash and cards in Lund
YouTube
Features
Video: Oliver Gee finds out how to embrace The Swedish Hug
TT
National
Abba duo hints at reunion
Advertisement:
Private
National
Flash mobs hug it out across Sweden
Finest.se
Gallery
People-watching April 11-13
TT
Politics
Swedes to give six-hour workday a go
TT
Society
Aussie choir member wows Abba in Sweden
YouTube
Society
Stockholm magic a surprise YouTube hit
Fastighetsbyrån
Society
Gallery: The Local's Property of the Week
Private
Society
Swedes find 200-year-old gravestone in living room
Stockholm School of Economics
Sponsored Article
Why a bachelor's degree is no longer enough
Deepti Vashisht
Features
Deepti Vashisht dissects the magic of Sweden's personal ID number
Shutterstock
Society
Ten signs you've been in Sweden too long
Society
Jimi Fritze heard every word when doctors discussed taking his organs
Society
A Swedish farmer explains why the new bestiality ban is 'pointless'
ESL
Sponsored Article
Learning Swedish the easy way
Latest news from The Local in Switzerland

More news from Switzerland at thelocal.ch

Latest news from The Local in Germany

More news from Germany at thelocal.de

Latest news from The Local in Spain

More news from Spain at thelocal.es

Latest news from The Local in France

More news from France at thelocal.fr

Latest news from The Local in Italy

More news from Italy at thelocal.it

Latest news from The Local in Norway

More news from Norway at thelocal.no

Blog Update: The Diplomatic Dispatch

28 October 15:16

The Green Growth Group Summit »

"Today on the 28 October in Brussels, a large group of key EU Ministers and business people, including UK Secretary of State for Energy and Climate Change Edward Davey, and Swedish Environment Minister Lena Ek, will meet to discuss green growth. They all have a stake in resolving a challenge which, although it is crucial..." READ »

751
jobs available
Swedish Down Town Consulting & Productions
Swedish Down Town Consulting & Productions is an innovative business company which provides valuable assistance with the Swedish Authorities, Swedish language practice and general communications. Call 073-100 47 81 or visit:
www.swedishdowntown.com